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Home My WebLink About5-20-13 PC Minutes"MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 20, 2013 A Regular Meeting and Joint Public Hearings were held on May 20, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner Ransom "Duce" Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Frank Messina Commissioner Shani Daigle Commission Members absent: Commissioner Lynda Kay Makin Commissioner Clint Walters Commissioner Bill Little Councilmembers present: Mayor Pro-Tem Alan Coleman Councilman -at -Large W. L. Pate Councilmember-at-Large Gethrel Williams Wright Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: Mayor Becky Ames Also present: Steve Richardson, Planning Director, Bill Cobabe, Senior Planner, Adina Ward, Planner 11, Jill Cole, Recording Secretary, Chris Boone, Community Development Director; Quentin Price, First Assistant City Attorney APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Joint Public Hearings held April 15, 2013. Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Preliminary Plat — Vision Village, Section Two: Request for a Preliminary Plat of BIock 1, Lots 1 and 2, Block 3, Lots 1-9, Block 6, Lots 1-10; 5.337 acre tract out of the C. Williams League, Ab. No. 59. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The 18 lot subdivision is located on the east side of S. Major Drive and east of the intersection with Humble Road. In February, 2008, the Commission approved a preliminary plat for this property. However, preliminary plats are only good for two years if no subsequent work is done. There are no significant changes to the plat from when it was first approved in 2008. Mr. Richardson recommended approval. Chairman Nejad asked for the applicant's comments. Don King with Fittz and Shipman, Inc., addressed the Commission. Commissioner Mason made a motion to approve the Preliminary -Plat of Vision Village, Section Two. Commissioner Jones seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Coleman called the Joint Public Hearings of May 20, 2013 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2169-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling - Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: North side of Folsom Extension, approximately 1,186' east of the northeast corner of N. Major Drive and Folsom Extension. Applicant: Vick Nelson 2) File 2170-Z: Request for a zone change from A-R (Agricultural -Residential) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: North side of Folsom Extension, approximately 575' east of the northeast corner of N. Major Dr. and Folsom Extension Applicant: Vick Nelson (Chairman Nejad recused himself from discussion on Files 2169-Z and 2170-Z.) Mr. Richardson presented the staff report. The applicant, Vick Nelson, states that the zone change would allow for the property to be used as a general office or professional office complex or as a retail center. Mr. Richardson recommended approval of the zone change to GC-MD-2 for both properties. Because GC-MD-2 would require a specific use permit, City Council would have more control over uses that might be incompatible with adjacent residential zoning. The other commercial properties to the east and north of the subject property are zoned GC-MD-2. For 2169-Z, twenty-four were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. For 2170-Z, ten notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Vice -Chairman Craig, acting as Chairman, opened the public hearing and asked for the applicant's comments. Vick Nelson, the applicant, and Bob Dunham, attorney for Mr. Nelson, addressed the Commission. Vice -Chairman Craig asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District for the property located on the north side of Folsom Extension, approximately 1,186' east of the northeast corner of N. Major Drive and Folsom Extension as requested in File 2169-Z. Commissioner Senigaur seconded the motion. The motion to approve carried 7:0:1 (Nejad). Commissioner .tones made a motion to approve a zone change from A-R (Agricultural - Residential) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for property located on the north side of Folsom Extension, approximately 575' east of the northeast corner of N. Major Dr. and Folsom Extension as requested in File 2170-Z. Commissioner Mason seconded the motion. The motion to approve carried 7:0:1 (Nejad). 3) File 2171-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district. Location: 5415 Garner Road Applicant: Christina Ciampo Mr. Richardson presented the staff report. Ms. Ciampo is requesting this zone change at the northwest corner of the intersection of Garner and Concord so that she can use the property for commercial uses. There are existing commercial uses in the area and the proposed zone change is in keeping with the zoning pattern to the west, south and southeast. Mr. Richardson recommended approval of the request. Fifteen notices were mailed to property owners. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant's comments. Ms. Ciampo addressed the Commission and answered questions. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve the request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 5415 Garner Road as requested in File 2171-Z. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. Applicant: Christina Ciampo 4) File 835-OB: Request for a street name change fiom Jefferson Street to Magnolia Avenue. Location: Jefferson Street between Laurel Street and Bowie Street Applicant: City of Beaumont Public Works Department Mr. Richardson presented the staff report. With the construction of the Great Lawn and the Events Centre, Jefferson was extended to up to the south side of Laurel. The City would like to rename that portion of Jefferson from Laurel to Bowie as Magnolia Avenue. Five notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Chairman Nejad opened the public hearing and asked for comments in favor or in opposition. Mike Matthews, 400 Neches, addressed the Commission in favor of the name change. The public hearing was closed. Commissioner Daigle made a motion to approve a request for a street name change from Jefferson Street to Magnolia Avenue between Laurel Street and Bowie Street as requested in File 835-OB. Vice -Chairman Craig seconded the motion. Motion to approve carried 8:0. 5) File 836-OB: Request to amend the Zoning Ordinance, Article 28.04, See. 28.04.003 (c)(5)(E) and See. 28,04,008 (b)(7). Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The purpose of the first amendment is to correct a typographical error. The purpose of the second amendment is to clarify the providing of electrical power to an accessory structure. The first change is to Sec. 28,04.003(c)(5)(E) (E) No more than sixty (60) square feet of or fifty (50) percent of the maximum sign area, whichever is less, shall be dedicated to electrical changeable copy. The second change to is to Sec. 28.04.008(b)(7) (7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected therewith by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principle building and shall comply in all respects with the requirements of this chapter applicable to the main building. When a property owner owns tivo adjacent lots and rvishes to erect an accessory building on the Jot that does not contain the main building, the accessory building must straddle the adjoining lot line. Any electrical service to an accessory building shall be serviced frorrr the rrrain building. No separate electrical ureter will be allowed on an accessory building. Chairman Ncjad suggested using "utilities" in lieu of "electrical" . Vice -Chairman Craig made a motion to approve Ordinance, Article 28.04, Sec. 28.04.003 (c)(5)(E) change in wording from "electrical' to "utilities". motion. Motion to approve carried 8:0. OTHER BUSINESS a request to amend the Zoning and Sec. 28.04.008 (b)(7) with the Commissioner Jones seconded the Mayor Pro-Tem Coleman thanked Mr. Richardson for 25 years of service to the City of Beaumont. THERE BEING NO OTHER BUSINESS, THE MEETING WAS _ADJOURNED AT 3:57 P.M. ABSTENTION AFFIDAVIT - THE STATE OF TEXAS COUNTY OF JEFFERSON I, - j6 � as a member of the o (City Council, commission, or board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a su tantial interest in a business entity that would be peculiarly affected by a vote or decision of the e (City Council, commission, or board) as those terms are defined in V.T.C.A- Local Government Code, §171.002, The business entity is: 4�614�`®�-�' (Name) (Address) Cl," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. . A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 6%day of , 20ti Signatur o Official Title BEFORE ME, the undersigned authority, on this day personally appeared �' �a r'Y �1 and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. L SWORN to and subscribed before me an this ai'day of Not r Public in and for the State of Texas JILL GOtE ti My commission Expires August 0,. Hill